Tag: same-sex marriage

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Virginia marriage equality lawsuit opening arguments today

The first hearing in the Virginia marriage equality case of Bostic v. Rainey will be held at the U.S. District Court for the Eastern District of Virginia before Judge Arenda L. Wright Allen at 10am.

The Bostic Plaintiffs’ lawsuit – first filed in July 2013 in Norfolk – argues that the Virginia Marriage Amendment and laws banning same-sex marriage are unconstitutional because they violate the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution, violate Due Process, and single out gays and lesbians for a disfavored legal status, thereby creating a category of “second-class citizens.”

Virginia Attorney General Mark Herring will attend the morning’s hearing.

Virginia Solicitor General Stuart Raphael will argue on behalf of the Commonwealth.

More info here.

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Hawaii: Oahu judge rules state marriage equality law is constitutional

A judge in Oahu has ruled that the recent marriage equality act in Hawaii is constitutional:

First Circuit Judge Karl Sakamoto ruled Wednesday that the Hawaii Marriage Equality Act of 2013 is constitutional under both the state and federal constitutions.

Hawaii Attorney General David M. Louie issued a statement saying the ruling “unequivocally affirmed the right of people to marry the person they love without regard to gender.”

“This is a very good day for the people of Hawaii,” Louie said.

Two injunctions were sought by Republican state Rep. Bob McDermott of Oahu. The first before the law was even signed into law.

The first injunction was to stop the governor from signing the bill into law; the second to stop the state from issuing licenses to same-sex couples. Both were denied.

Since the law went into effect 670 same-sex couples have been married in Hawaii.

Rep. McDermott says he plans to appeal.

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Tony Perkins stuck in a time warp over marriage equality in Virginia

Hate group leader Tony Perkins

Hate group leader Tony Perkins is still stuck in 2006, a world away when it comes to political issues and an America that has seen a seismic change in attitudes over marriage equality.

In response to the Virginia Attorney General’s announcement that he would not be defending the state’s ban on same-sex marriage, having found it unconstitutional, Tony Perkins had this to say:

Like a majority of states, Virginia had overwhelming support (57%) to pass its marriage amendment in 2006. Now, under the new regime of Democratic Governor Terry McAuliffe and Attorney General Mark Herring, the democratic process has been tossed out the window — along with the votes of 1,328,134 Virginians.

Note – Perkins mentions the legislation being passed in 2006. As anyone who is paying attention to the issue, same-sex marriage has evolved very, very quickly for many Americans who once opposed these rights. To not acknowledge that 2014 is a different political landscape from 2006 is to be blind to what is happening in the world around him.  Society evolves.

According to a Christopher Newport University poll this past October, a majority of Virginians support a repeal of the state’s ban on same-sex marriage. The poll found that 56 percent of likely voters oppose the ban on same sex marriage, compared to 36 percent who favor it.

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State of Florida sued over same-sex marriage ban

Florida is now officially the next state to enter the marriage equality fray as 6 couples sue the state over it’s same-sex marriage ban:

Via press release from the National Center for Lesbian Rights:

The lawsuit argues that Florida’s laws barring same-sex couples from marriage violate the United States Constitution by denying them the legal protections and equal dignity that having the freedom to marry provides.

The couples are from Miami and the surrounding area. Four of the couples are raising children, and another couple have an adult child and two grandchildren. The couples are: Catherina Pareto and Karla Arguello; Dr. Juan Carlos Rodriguez and David Price; Vanessa and Melanie Alenier; Todd and Jeff Delmay; Summer Greene and Pamela Faerber; and Don Price Johnston and Jorge Isaias Diaz.

They are represented by the law firm Carlton Fields Jorden Burt, attorney Elizabeth F. Schwartz, attorney Mary B. Meeks, and the National Center for Lesbian Rights (NCLR).

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ACLU sues state of Utah for not recognizing gay married couples

The ACLU has filed suit with the state of Utah for not recognizing legally performed same-sex marriages that took place between the time a federal judge found the state’s ban unconstitutional and when the US Supreme Court issued a stay on any further marriages while the case was under appeal.

The Governor of Utah announced at that time that the more than 1,300 marriages performed would be “put on hold” until the appeals worked their way through the legal system.

From The ACLU:

“These couples were legally married under Utah law and their unions must be treated the same as any other Utah marriage,” said John Mejia, legal director of the ACLU of Utah. “Even our attorney general said that the marriages were entitled to full recognition by the state at the time they were performed.  Regardless of what ultimately happens in the federal challenge to Utah’s marriage ban, the marriages that already occurred are valid and must be recognized now.”

 The lawsuit argues that once same-sex couples are legally married in Utah, they gain protections that cannot retroactively be taken away under the due process clauses of the Utah and United States Constitution.

 Some couples not only wanted to get married to demonstrate their commitment to each other, but also to ensure protection for their children. As a married couple, each parent can establish a legal connection to their children even if they’re not the biological parent or previously recognized adoptive parent. Otherwise, Utah law allows single parents to adopt, but forbids an unmarried partner from being recognized as a parent to the other’s biological or already-adopted children, which could have devastating legal implications.

Read more at the ACLU of Utah website.

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Greetings from Oklahoma

“Excluding same-sex couples from marriage has done little to keep Oklahoma families together thus far, as Oklahoma consistently has one of the highest divorce rates in the country.” – from Federal Judge Kern’s opinion striking down Oklahoma’s gay marriage ban as violating the US Constitution’s 14th Amendment guarantee of Equal Protection.

(via Politics with Jarred and Dave)

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Federal judge rules that Oklahoma’s same-sex marriage ban is unconstitutional

Another surprising development for marriage equality from a surprising state – Oklahoma!

Via press release from the Human Rights Campaign:

Today U.S. District Judge Terence Kern ruled that Oklahoma’s ban on marriage equality is unconstitutional. His ruling is stayed pending appeal, meaning marriages will not occur immediately in the Sooner State.

HRC President Chad Griffin issued the following statement:

“Judge Kern has come to the conclusion that so many have before him – that the fundamental equality of lesbian and gay couples is guaranteed by the United States Constitution. With last year’s historic victories at the Supreme Court guiding the way, it is clear that we are on a path to full and equal citizenship for all lesbian, gay, bisexual and transgender Americans. Equality is not just for the coasts anymore, and today’s news from Oklahoma shows that time has come for fairness and dignity to reach every American in all 50 states.”

Two plaintiff couples, Mary Bishop and Sharon Baldwin and Gay Phillips and Susan Barton, filed their case, Bishop v. Oklahoma, in the U.S. District Court for the Northern District of Oklahoma in November 2004. Lead counsel in the case are Don Holladay and James Warner of the Oklahoma City law firm Holladay & Chilton PLLC.

More at the HRC website.

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New Mexico County Clerk donates remaining legal fund to marriage equality group

Talk about a great postscript to an already happy ending!

Back in August, New Mexico’s Doña Ana County made history when it began issuing marriage licenses to gay couples. County Clerk Lynn Ellins decided it was time and the law would allow it. His action emboldened other counties, and ultimately the New Mexico Supreme Court finally decided the matter.

Prepping for the court battle, however, Ellins began raising private donations to help the county cover the cost of its legal fees and the fundraising effort was so successful that there was more cash to spare.

Ellins is now donating that money to a campaign called New Mexico Unites for Marriage Equality, the Las Cruces Sun reports:

Ellins had raised private donations — via a website and at his county office — to pay for his defense in a civil lawsuit brought by opponents of his controversial August decision to issue marriage licenses to gay and lesbian couples.

After paying his legal bill, Ellins estimated a few thousand dollars are leftover. And he said he’s giving that money to a campaign called New Mexico Unites for Marriage Equality.

“It’s a nonprofit organization that was established the last year to basically protect the same-gender marriage rights,” Ellins said.

Ellins’ legal expenses tied to the state district court lawsuit totaled nearly $31,759, according to a Doña Ana County news release.

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Twelve year-old gives emotional, epic speech at marriage equality rally in Salt Lake City

Riley Hackford-Peer speaks at the Utah State Capitol

Thousands of same sex marriage supporters deliver a petition with 60,000 signatures to governor Gary Herbert Friday.

Mary Barnes said, “these are good people. These are Americans. They are here, they have family’s they have kids.”

2,000 people crowded into the State Capital for the “Let it Stand” rally, organized by Restore Our Humanity.

The petition, calling on Governor Gary Herbert to recognize the 1,360 same-sex marriages that took place in the 17 days when such unions were legal, was delivered to the Governor’s office.

While the rally was full of impassioned pleas for equality, one 12-year-old’s speech made arguably the strongest, most heartfelt case for equality in the Beehive state.

With his little brother at his side, Riley Hackford-Peer delivered a poignant, emotional speech that garnered several enthusiastic rounds of applause.

“Some people do not believe that I am from a loving family, because my moms are gay,” said Hackford-Peer. “They are wrong. … And come on, think about it — gay means happy, so it only makes sense that we’re a loving, happy family!”

Watch Riley’s epic speech at the Utah state capitol below. More at the Advocate

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Utah: Thousands fill the State Capitol in support for marriage equality

From David Badash at The New Civil Rights Movement:

Thousands of same-sex marriage supporters — gay and straight — including some of the 1360 same-sex couples who recently married, flooded the capitol in Salt Lake City, Utah today, demanding Governor Gary Herbert “let it stand.”

Protestors want the Republican governor and his attorney general to give up their fight against a federal judge’s ruling last month that found Utah’s ban on same-sex marriage is unconstitutional. Herbert is appealing the decision in federal court.

Supporters delivered to the Governor’s office a reported 58,000 petitions asking him to not waste the $2 million he promised to spend on outside counsel to fight Judge Shelby’s December 20 ruling.

Check out the many pics and tweets Badash assembled from the day’s event.

[View the story “Utah: Thousands Protest To Save Same-Sex Marriage” on Storify]